For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more
Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more
On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more
A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in...more
The Michigan Senate recently passed a bill to repeal a long-standing state law immunizing pharmaceutical manufacturers and sellers from product liability suits where the pharmaceutical products were approved by the U.S. Food...more
While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more
There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals' decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) ("Walsh")...more
In food and beverage trends, during May 2023, the Supreme Court of the United States issued a significant ruling regarding pork farming under the Dormant Commerce Clause, holding that a California law requiring pork sold in...more
Certain home construction contracts include clauses waiving implied warranties, such as the implied warranty of good workmanship and habitability. However, courts at times refuse to enforce such waivers, as the Arizona...more
From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more
n late September 2022, Arizona’s Supreme Court issued a new opinion important for any person or company working in residential construction. The Court’s opinion in Zambrano v. M & RC II LLC, et al affirms the importance of...more
On May 13, 2022, a putative class action was filed in federal court against an online secondary marketplace that sells luxury goods (e.g., sneakers, handbags, and electronics) and, recently, non-fungible tokens (NFTs) that...more
The Ontario Court of Appeal recently released Pine Valley Enterprises Inc v Earthco Soil Mixtures Inc [Pine Valley], which reminds businesses that all sales of goods are subject to warranties and conditions under the Sale of...more
Earlier this week, Proskauer and the Washington Lawyers’ Committee filed a class action lawsuit on behalf of tenants of the Meridian Heights apartment building (“Meridian Heights” or the “Property”), against the owner and...more
The DTPA in Texas - Texas law prohibits businesses from engaging in deceptive trade practices. The Deceptive Trade Practices-Consumer Protection Act (“DTPA”), enacted in 1973 and codified in the Texas Business and Commerce...more
Plaintiff Daniela Gruen recently filed a class action complaint in the United States District Court for the Northern District of California against The Clorox Company and The Burt’s Bees Products Company claiming that some...more
From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some...more
Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision...more
New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more
For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his...more
In late July 2021, Arizona’s Court of Appeals explained that homebuilders cannot disclaim the implied warranty of workmanship and habitability. Its opinion in Zambrano v. M & RC II, LLC certainly affects homebuilders, and may...more
To protect homebuyers, Arizona law provides for certain warranties to be included in every contract. The most significant of those warranties, the implied warranty of workmanship and habitability, requires builders to...more
In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and...more
The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than...more